•The principle of the non-retroactivity of criminal laws •

•The principle of the non-retroactivity of criminal laws •

Art. 35 Paragraph 13 FRSPC

•No person may be convicted of a crime for committing an act that was not an offence at the time it was committed, unless it is a crime against humanity under international law.

Art. 2 CPI. No one may be punished for an act which did not constitute an offence according to the law in force at the time it was committed.

This principle is valid both when:
1) a new offence is created by law;
2) an existing offence is defined in a
different way different way different way as long it results more severe for the offender.

The principle of favorable retroactivity
Art. 2 CPII. No one may be punished for an act which does not constitute an offence according to a subsequent law; and if the sentence has been imposed, , the execution and the penal consequences thereof shall cease.
III. If the law in force at the time an offence was committed and subsequent law are different, the law shall be applied the provisions of which are more favorable to the accused, unless a final judgment has been pronounced.

1) Abolition of an offence Legislation which repeals an incriminating norm applies retrospectively in favor of an accused person. Regardless of whether the accused has already been convicted (abolitio criminis)
2) The law is only modified after the commission of a crime, the most favorable law is applied unless the accused has already been irrevocably convicted.

The new law is more lenient when:
•new law abolishes a previous offence;
• new law narrows the scope of an existing offence;
• new law modifies the statute of limitations:

when? new law introduces a new attenuating circumstance;

The constitutional Court declares a criminal provision illegitimate – what are the effects?
Art. 109C Cost.
“When the Court declares the constitutional illegitimacy of a law or enactment having force of law, the law ceases to have effect the day following the publication of the decision”.

The law ceases to have effect the day following the publication of the decision – but it’s considered deprived of legal force
ex tunc: since the very day of its entry into force.
What about criminal laws declared invalid?
Same effects as modifications under

What about criminal laws declared invalid?
Same effects as modifications under article 2 CP.
Derogation to the derogation?
Art. 2 par. 4 CP
1) Temporary laws.

2) Exceptional laws.